The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1887-08-09
EXPERT TESTIMONY.

come before the supreme Court VI
the State of Ohio, at an early date.
Some months ago DR.. Darby, of
Morrow, O., was imprisoned and fined
for refusing to testify as an expert in
a case before the Court of Common
Pleas, unless he were guaranteed the
fee of an expert.
The Circuit Court, to which an ap-
peal was carried, upheld the decision
of the Common Pleas, but without
regard to consideration of the techni-
cality put forward in the Doctors
plea. The fact, the Circuit Court
held, that the doctor voluntarily at
tended the examination of the coroner
made him liable to summons as wit
ness, without regard to whether his
evidence should be in the nature of a
trowledge of facts in the premises, or
Of professional opinion.
The doctors case will best be I'M
derstood from his OVID words, as given
in an interview with a representative
of the Lebanon Patriot. The inter-
view took place Immediately after the
appeal case was decided against DIR.
Darby, and is in part as follows:
"What do you think of the decis-
ion?"
cit looks like a dodge. No one
questions the legality of the summons
or the propriety of any and all ques-
tions as to fact. We were held to be
in contempt, fined and imprisoned by
the trial court for drawing the line
where facts concluded and expert
opinion began. The court virtually
acknowledged its ignorance of the
scientific principles involved. Il
sought to force a vender of such in
formation to give the same without
compensation. The said vender de-
clined, whereupon the court, simply
because he and his hacker, the state,
was the biggest man, inflicted, as we
claim, enormously, unusual and IL
legal penalties. As we'll might it
have taken book from the shelf of a
dealer, or the manuscript from an au-
thor and used them without pay. An
experts special knowledge is private
property Just as much as a farmers
land, and the court that would take
it away from him against his will
without paying him for it puts itself
directly in line with Henry George. !"
SIS it not a duty physicians
owe to the public to give any
facts that may come to their knowl-
edge?"
"CertainIy. So far as facts are
concerned, it is"
"Yes, but should you not, in ad-
dition to the facts, 60 further and in
struct the court as to the proper in
depreciation and application of these
facts ?"
"No sir, not for the ordinary fee"
"Does not the public good demand
that you give the court the benefit
not only of the facts, but of the de-
auctions you are capable of drawing
therefrom by reason of your superior
knowledge, skill and experience ?
Should you OF be considered simply
an ordinary witness with extraordin-
ary qualifications !"
s'No sir, not without extra pay
These extraordinary qualifications
cost money. They are our stock-in-
trade-what we have to sell. They
are not substantially similar condi-
tions. We believe that long haul
is worth more than a short one"
swell, it is the common belief
that your services are necessary to
the successful operation of the
courts ?"
eyes, and it is likewise common
belief that lawyers, judges, and court
officers are necessary to the proper
melting out of justice to evil-doers,
but they are not compelled, on that
account, to give their services with
out remuneration, and there is no
Justice or reason in forcing physicians
to do so. 1t is the right of the State,
or anybody else, to thus confscSte our
services, that is the question.
DR.. Darby admits that, having
been present at the post norton, he
was under obligations to enlighten the
coroner as to the facts-which he did.
But for subsequent courts he con-
tends, that are trying to determine
who did the killing, not what did it,
to still lay claim to medical prac-
titioner's services to assist in determ-